106
361. As has been established in previous sections, the determinations of fact reveal the
particular effect of the human rights violations found in several of the family members of Ms. Rúa,
Ospina, Naranjo, Mosquera and Yarce. The IACHR considers that these violations must be analyzed
under the obligations of prevention and protection set forth in Article 5.1 of the American Convention.
The Inter-American Court has held repeatedly that the next of kin of the victims of human rights
violations may also be victims, because of the additional suffering that they have endured as a
consequence of the violations perpetrated against their loved ones, and because of subsequent acts or
failure to act of the state authorities vis-à-vis the incidents.529 Along this line of legal precedents, the
Court has found that the right to mental and moral integrity of the family members protected under
Article 5.1 of the American Convention is considered violated.530
362. The IACHR has pronounced in relation to the extension of the risk faced by women
human rights defenders in Colombia to their family nucleus, whose members are often the targets of
acts of systematic intimidation, persecution, kidnapping, torture and sexual abuse, among other
crimes.531
363. With regard to Ms. Rúa and Ospina, pursuant to the aforementioned analysis, their next
of kin have suffered from the emotional, economic and social aftereffects of the forced displacement;
the disruptive effect on the family structure that their serious situation of insecurity has had; the gradual
destruction of their homes; and being prevented from returning to their communities. In the case of
Ms. Ospina, her displacement even entailed having to leave the country for one year; a move which
compelled her to undergo a radical social and cultural adaptation. The IACHR notes with concern the
silence of the State in regards to these allegations.
364. As for Ms. Naranjo, Mosquera, and Yarce, their family members have endured the
uncertainty of their arbitrary detention, their absence from the home, and the continuing threats to
their safety because of their ongoing work as defenders. Particularly regarding Ms. Yarce, her children
have had to suffer the murder of their mother, and her absence as the breadwinner of the household,
with her daughter actually witnessing the murder. Additionally, her daughters Monica and Shirley have
testified how their family members have been the victims of threats both prior to and following her
murder.532 Pursuant to the facts that came to light in the precautionary and provisional measures
processes before the IACHR and the Court, several family members of Mrs. Naranjo have been
murdered and harassed as a result of her work as a defender, and have been living in conditions of
529
IA Court of HR, Case of the Massacre of Pueblo Bello. Judgment January 31, 2006. Series C No. 140, par. 154; IA
Court of HR, Case of Gómez Palomino v. Peru. Judgment November 22, 2005. Series C No. 136, par. 60; IA Court of HR, Case of
the Massacre of Mapiripán. Judgment September 15, 2005. Series C No. 134, pars. 144-146; IA Court of HR, Case of Serrano
Cruz Brother vs. El Salvador. Judgment March 1, 2005. Series C No. 120, pars. 113-114; IA Court of HR, Case of 19 Merchants.
Judgment July 5, 2004. Series C No. 109, par. 210.
530
IA Court of HR, Case of the Massacre of Pueblo Bello. Judgment January 31, 2006. Series C No. 140, par. 154; IA
Court of HR, Case of Gómez Palomino v. Peru. Judgment November 22, 2005. Series C No. 136, par. 60; IA Court of HR, Case of
the Massacre of Mapiripán. Judgment September 15, 2005. Series C No. 134, pars. 144-146; IA Court of HR, Case of the Serrano
Cruz Brothers vs. El Salvador. Judgment March 1, 2005. Series C No. 120, pars. 113-114; IA Court of HR, Case of 19 Merchants.
Judgment July 5, 2004. Series C No. 109, par. 210.
531
IACHR, Violence and Discrimination against Women in the Armed Conflict in Colombia, OEA/Ser.L/V/II. Doc. 67,
October 18, 2006, par. 225.
532
Annexes 69 and 70. Statements of Mónica Dulfary Orozco Yarce, Office of the Attorney General of the Nation, File:
2169, August 3, 2005 and Shirley Vanessa Yarce, Office of the Attorney General of the Nation, File: 2169, September 7, 2005.